SPRBL1-20-Q-0086 with Amendment 0001.pdf

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GENERATOR, ENGINE ACCESSORY, NSN: 2920-01-501-5551 Federal contract opportunity
Solicitation number
SPRBL1-20-Q-0086
Issued by
Defense Logistics Agency Land and Maritime

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REQUEST FOR QUOTATION This RFQ is is not a small business set-aside Page Of

(This is NOT an Order)

1. Request No. 2. Date Issued 3. Requisition/Purchase Request No. 4. Cert For Nat Def. Under BDSA Rating

See Schedule Reg. 2 and/or DMS Reg. 1 5A. Issued By 6. Deliver by (Date)

See Schedule

7. Delivery

FOB Other Destination

5B. For Information Call: (Name and telephone no.) (No collect calls)

8. To: Name and Address, Including Zip Code 9. Destination (Consignee and address, including Zip Code)

See Schedule

10. Please Furnish Quotations to the Issuing Office in Block 5A On or Before Close of Business (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please indicate on this form and return it to the address in Block 5B. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any interpretations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. Schedule (Include applicable Federal, State, and local taxes)

Item Number (a)

Supplies/Services (b)

Quantity (c)

Unit (d)

Unit Price (e)

Amount (f)

(See Schedule)

12. Discount For Prompt Payment a. 10 Calendar Days b. 20 Calendar Days c. 30 Calendar Days d. Calendar Days % % % Number Percentage

NOTE: Additional provisions and representations are are not attached.

13. Name and Address of Quoter (Street, City, County, State and 14. Signature of Person Authorized to Sign 15. Date of Quotation Zip Code) Quotation

16. Signer

a. Name (Type or Print) b. Telephone

Area Code

c. Title (Type or Print) Number

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 18 (Rev. 8-95) PREVIOUS EDITIONS NOT USABLE 18-118 Prescribed by GSA-FAR (43 CFR) 53.215-1(a)

X

SPRBL1-20-Q-0086 2020AUG17 DOA7

SPRBL1DLA LAND AT ABERDEEN

6565 SURVEILLANCE LOOP, ROOM C1301

APG, MD 21005-1846

JAMIE R TURNER (443)861-4530

DLA-ZLAB

EMAIL: JAMIE.TURNER@DLA.MIL

X

2020SEP01

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SUPPLEMENTAL INFORMATION

THE FOLLOWING AMENDMENTS HAVE BEEN INCORPORATED

Buyer Name: JAMIE R TURNER

Buyer Office Symbol/Telephone Number: DLA-ZLAB/(443)861-4530

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

NAICS CODE: 336320 ______

Size Standard: 1,000 Employees _______________

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM applies to this solicitation.\~

See http://www.sba.gov/content/table-small-business-size-standards for the corresponding small business size standard.

Approved Source(s):

Manufacturer: C. E. NIEHOFF & CO. ___________________

CAGE code:_76761______ Part Number: __N1379-1_ _____ _______

Part I INSTRUCTIONS FOR SUPPLIERS AND EVALUATIONS OF OFFERS

1. This solicitation, called DLA Land at Aberdeens Master Solicitation for Acquisitions Using Simplified Acquisition Procedures (herein referred to as the Aberdeen Master Solicitation), is used by the DLA Land at Aberdeen contracting office to issue requests for quotations (RFQ) and awards of purchase orders for acquisitions up to the simplified acquisition threshold (SAT). Suppliers are required to read this Aberdeen Master Solicitation and all applicable documents and comply with terms and conditions established. Updated

Aberdeen Master Solicitations will be identified by a date and revision number.

2. The Aberdeen Master Solicitation contains multiple parts. Part I instructs suppliers in the submission of quotations and award evaluation. Part II contains the mandatory provisions and clauses, conditional provisions and clauses, and procurement notes that apply to the RFQs and purchase orders. Provisions, clauses, and procurement notes are incorporated by reference. They have the same force and effect as the full text.

NOTE: In some cases, clauses incorporated in Part II will appear in solicitation and award documents. When a conflict arises, the provisions and clauses in the main solicitation or award document will take precedence over the version listed in Part II of the

Aberdeen Master Solicitation.

3. Instructions for Offerors

a) SUBMITTING QUOTATIONS: Contractor shall submit the solicitation electronically to the point of contact (POC) identified on the solicitation document. Quotes via any other method will not be considered for award.

b) RETURN DATE AND TIME: The time for receipt of quotations will be on the solicitation and the Government Point of Entry. In case of a conflict, the later of the two times will be used.

c) LATE QUOTATIONS: Quotations received after the return date/time for automated solicitations may be considered until the evaluation process begins. Once the evaluation process begins, late quotations will only be considered if the contracting officer determines that considering the late quotation is in the best interest of the Government and would not unduly delay the award.

d) QUOTATION REVISIONS: Suppliers may revise quotations up until the time the solicitation is awarded by contracting the point of contact on the solicitation document.

e) QUOTATION WITHDRAWAL: Suppliers may withdraw quotations until the time the solicitation is awarded by contacting the point of contact on the solicitation document.

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SPRBL1-20-Q-0086 REPRINT

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(f) SET-ASIDE SOLICITATIONS: Solicitations with an estimated dollar value between the micro

-purchase threshold and the SAT are set-aside for small business when cited in the solicitation. When a solicitation is set-aside, only small business quotations that comply with the non-manufacturer rule will be considered. See FAR 19.502-2(c) for an explanation.

(g) SOLICITATIONS WITH FAT REQUIREMENTS OR PRODUCTION LOT TESTING REQUIREMENTS: This procurement is limited to consideration of quotes for items produced by sources that are currently eligible for waiver of first article testing requirements.

If the successful awardee offered an item produced by a source waived from first article testing, the item supplied shall be of the same design and manufactured by the same method at the same facilities as the item previously approved.

At the Governments discretion, offers for items produced by sources other than those identified above may be considered for award, if supporting documentation is provided with the offer: 1) Contract Numbers, Dates, and Issuing Government Agency or Agencies, 2) Item previously furnished, identified by part number, type, model number, etc. 3) Engineering control document/change number of item previously furnished, 4) There have been no changes to manufacturing processes, tooling, or locations.

h) QUANTITY REQUIREMENTS: Quotation must be submitted on the total quantity of each item.

i) DELIVERY REQUIREMENTS: The Government required delivery will be stated in days after date of order (ADO). If the supplier is not able to meet the delivery requirement, the supplier must submit their delivery timeframe on the solicitation document in section B in number of days ADO. This includes time to deliver production quantity, required testing, and government inspection and acceptance. If a FAT is required, the supplier must also comply with the FAT delivery requirement and if unable to comply, must submit their delivery timeframe on quote page in number of days ADO. This includes time to deliver the completed test report (if contractor FAT).

j) SURPLUS: Surplus offers will not be considered.

k) Questions regarding the solicitation should be referred to the POC on the solicitation document or the POC identified in the

Government Point of Entry (https://beta.sam.gov ) .

4. Evaluation of Quotations

a) Award will be made to the offeror(s) whose quote(s) conforms to the solicitation requirements and represents the best value to the

Government. Past performance, offered delivery, and price will be evaluated when making a comparative assessment of quotes. An award may be made to other than the lowest priced, technically acceptable, responsible offeror(s).

b) ALTERNATE OFFERS: Alternate offers will not be considered for award. Alternate offers may be submitted to the POC identified in the solicitation for evaluation for future procurements.

c) NOTICE OF AWARD: Purchase orders are based on a submitted quotation. Suppliers are requested to notify the administrative contracting officer, within 14 days after receiving the notice of award, when they will not perform in accordance with a purchase order. Failure to provide prompt notice will adversely affect your past performance evaluation if the purchase order is later cancelled at other than the

Governments request.

Part II PROVISIONS, CLAUSES, AND PROCUREMENT NOTES

The following websites are provided to suppliers to obtain the full text of the FAR, DFARS, and DLAD provisions, clauses, and

Procurement Notes listed below: https://www.acquisition.gov , http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

, http://www.dla.mil/hq/acquisition/offers/DLAD.aspx and http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx

All provisions, clauses, and procurement notes are incorporated herein by reference with the same force and effect as if set forth in full text, and made a part of the solicitation/order as applicable. The submission of a quotation in response to a RFQ that references this document constitutes the suppliers compliance with the representations and certifications and acceptance of the individual clauses, provisions, and procurement notes incorporated by reference herein. Certain representations and certifications may be required as part of a quotation. Please complete these representations and certifications in the solicitation document. Please review additional representations and certifications within the System for Award Management. Suppliers are reminded that all provisions incorporated herein by reference remain binding in their entirety. Any penalties for misrepresentation contained in the reference clauses and provisions apply.

SUBPART A Mandatory FAR, DFARS, and DLAD Provisions and Clauses

Please refer to Part II, Subpart A of the DLA Master Solicitation for Automated Simplified Acquisitions for a listing of mandatory FAR, DFARS, and DLAD Provisions and Clauses. The DLA Master Solicitation for Automated Simplified Acquisitions may be found at http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx . Suppliers shall comply with the DLA Master Solicitation for

Automated Simplified Acquisitions in effect at the time of award.

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PIIN/SIIN MOD/AMD

SUBPART B Conditional FAR, DFARS, and DLAD Provisions and Clauses

Please refer to Part II, Subpart B of the DLA Master Solicitation for Automated Simplified Acquisitions for a listing of conditional

FAR, DFARS, and DLAD Provisions and Clauses. The DLA Master Solicitation for Automated Simplified Acquisitions may be found at http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx . Suppliers shall comply with the DLA Master Solicitation for

Automated Simplified Acquisitions in effect at the time of award.

SUBPART C Procurement Notes

Please refer to Part II, Subpart C of the DLA Master Solicitation for Automated Simplified Acquisitions for a listing of mandatory FAR, DFARS, and DLAD Provisions and Clauses. The DLA Master Solicitation for Automated Simplified Acquisitions may be found at http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx . Suppliers shall comply with the DLA Master Solicitation for

Automated Simplified Acquisitions in effect at the time of award.

*** END OF NARRATIVE A0001 ***

This acquisition is an Indefinite-Delivery Contract (IDC) under the Simplified Acquisition Threshold (SAT).

Best Estimated Quantity:

NSN 2920-01-501-5551, Generator, Engine Accessory, P/N N1379-1

Year 1: 6 Each

Year 2: 16 Each

Year 3: 12 Each

Year 4: 13 Each

Year 5: 14 Each

Note: The estimates provided above are for planning purposes only and are not confirmed purchase amounts.

Contract Maximum: $250,000.00

Guaranteed Minimum: $5,000.00

Duration: 5 years with no option periods.

H06 Unilateral Indefinite-Delivery Contract (IDC) Below the Simplified Acquisition Threshold (SAT) (SEP 2017)

(1) The Government will award an IDC below the SAT resulting from this request for quote to the responsible offeror whose offer conforming to the terms and conditions in the request for quote will be most advantageous to the Government, price and other factors considered.

(2) Acceptable contractor performance on the initial delivery order creates the IDC below the SAT, and is agreement by the contractor to accept additional orders under the same terms and conditions specified in the basic award.

(3) Once the guaranteed minimum quantity for the IDC is met, the Government is under no obligation to place additional orders. The

Government may place additional orders for the period of performance stated in the basic award, effective from the award date. All additional orders will reference the basic award, which documents the terms and conditions of the IDC. The maximum aggregate value of orders under the IDC below the SAT is stated in the basic award; the aggregate value of all orders will not exceed the simplified acquisition threshold or, for IDCs below the SAT using FAR Subpart 13.5, the thresholds in 13.500(a).

(4) Pricing of orders. The unit price for orders is based on the price for the quantity range that will cover the total quantity on the order, regardless of destination, if applicable.

ORDERING: In the event two or more orders are placed for the same NSN on the same delivery schedule within a 60 calendar day timeframe, the orders will be combined, and the Government will receive the price benefit of the larger combined quantity as if the orders had been placed at the same time. In the event of this occurrence, the Contracting Officer will adjust the unit prices accordingly on the delivery orders in question. Delivery Schedules will be unaffected by the combination of the orders described herein. Orders that are placed on the same NSN on the same delivery schedule within a 60 calendar day timeframe that cross over two contract years are subject to the order combination and price adjustment provision above, the pricing on the schedule for the earlier contract year will apply for the combined quantity.

Early and partial shipments at no additional cost the Government are acceptable/authorized/encouraged.

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

*** END OF NARRATIVE A0002 ***

1. The purpose of Amendment 0001 is to include FAR 52.204-24 and FAR 52.204-25.

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

Note: FAR 52.204-24 requires the offeror to fill in information.

2. Please verify that all clauses, provisions, and notes are filled in for submitted proposals.

3. Offerors must submit a signed copy of this Amendment with their proposal.

4. Except as provided herein, all other terms and conditions remain unchanged.

*** END OF NARRATIVE A0003 ***

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PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SUPPLIES OR SERVICES AND PRICES/COSTS

1001 YEAR 1 PRODUCTION QUANTITY $ __________________________ __________________

See Range Pricing

NSN: 2920-01-501-5551

COMMODITY NAME: GENERATOR, ENGINE ACCESSORY

CLIN CONTRACT TYPE:

Firm Fixed Price

Mfr CAGE: 76761

Mfr Part Number: N1379-1

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

5 10 $

11 20 $

21 30 $

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

SEE TECHNICAL REQUIREMENTS

LOCATION OF PACKAGING/PACKING/SPECS:

ADDENDA: J

LEVEL PRESERVATION: Commercial

LEVEL PACKING: Commercial

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

FOB POINT: Destination

SHIP TO:

(W25G1U) SU W1A8 DLA DISTRIBUTION

DDSP NEW CUMBERLAND FACILITY

2001 NORMANDY DRIVE DOOR 113 TO 134

NEW CUMBERLAND,PA,17070-5002

2001 YEAR 2 PRODUCTION QUANTITY $ __________________________ __________________

See Range Pricing

NSN: 2920-01-501-5551

COMMODITY NAME: GENERATOR, ENGINE ACCESSORY

CLIN CONTRACT TYPE:

Firm Fixed Price

Mfr CAGE: 76761

Mfr Part Number: N1379-1

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

6 19

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

5 10 $

11 20 $

21 30 $

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

SEE TECHNICAL REQUIREMENTS

LOCATION OF PACKAGING/PACKING/SPECS:

ADDENDA: J

LEVEL PRESERVATION: Commercial

LEVEL PACKING: Commercial

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

FOB POINT: Destination

SHIP TO:

(W25G1U) SU W1A8 DLA DISTRIBUTION

DDSP NEW CUMBERLAND FACILITY

2001 NORMANDY DRIVE DOOR 113 TO 134

NEW CUMBERLAND,PA,17070-5002

3001 YEAR 3 PRODUCTION QUANTITY $ __________________________ __________________

See Range Pricing

NSN: 2920-01-501-5551

COMMODITY NAME: GENERATOR, ENGINE ACCESSORY

CLIN CONTRACT TYPE:

Firm Fixed Price

Mfr CAGE: 76761

Mfr Part Number: N1379-1

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

5 10 $

11 20 $

21 30 $

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

SEE TECHNICAL REQUIREMENTS

LOCATION OF PACKAGING/PACKING/SPECS:

ADDENDA: J

LEVEL PRESERVATION: Commercial

LEVEL PACKING: Commercial

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Deliveries or Performance _________________________

FOB POINT: Destination

SHIP TO:

(W25G1U) SU W1A8 DLA DISTRIBUTION

DDSP NEW CUMBERLAND FACILITY

2001 NORMANDY DRIVE DOOR 113 TO 134

NEW CUMBERLAND,PA,17070-5002

4001 YEAR 4 PRODUCTION QUANTITY $ __________________________ __________________

See Range Pricing

NSN: 2920-01-501-5551

COMMODITY NAME: GENERATOR, ENGINE ACCESSORY

CLIN CONTRACT TYPE:

Firm Fixed Price

Mfr CAGE: 76761

Mfr Part Number: N1379-1

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

5 10 $

11 20 $

21 30 $

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

SEE TECHNICAL REQUIREMENTS

LOCATION OF PACKAGING/PACKING/SPECS:

ADDENDA: J

LEVEL PRESERVATION: Commercial

LEVEL PACKING: Commercial

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

FOB POINT: Destination

SHIP TO:

(W25G1U) SU W1A8 DLA DISTRIBUTION

DDSP NEW CUMBERLAND FACILITY

2001 NORMANDY DRIVE DOOR 113 TO 134

NEW CUMBERLAND,PA,17070-5002

5001 YEAR 5 PRODUCTION QUANTITY $ __________________________ __________________

See Range Pricing

NSN: 2920-01-501-5551

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

COMMODITY NAME: GENERATOR, ENGINE ACCESSORY

CLIN CONTRACT TYPE:

Firm Fixed Price

Mfr CAGE: 76761

Mfr Part Number: N1379-1

Range Quantities ________________

FROM TO UNIT PRICE ____ __ __________

5 10 $

11 20 $

21 30 $

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

SEE TECHNICAL REQUIREMENTS

LOCATION OF PACKAGING/PACKING/SPECS:

ADDENDA: J

LEVEL PRESERVATION: Commercial

LEVEL PACKING: Commercial

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

FOB POINT: Destination

SHIP TO:

(W25G1U) SU W1A8 DLA DISTRIBUTION

DDSP NEW CUMBERLAND FACILITY

2001 NORMANDY DRIVE DOOR 113 TO 134

NEW CUMBERLAND,PA,17070-5002

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PACKAGING AND MARKING

SECTION D Packaging and Marking________________________________

Refer to Section B for packaging and marking requirements.

PACKAGING: Packaging shall be in accordance with, (IAW):_________

ASTM D 3951-10, MIL-STD-2073-1, Special Packing Instructions, (SPI), or as otherwise specified.

The packaging requirements may also be included in the Technical Requirements Document (TRD), if included under Section J.

MARKING: Marking shall be IAW MIL-STD-129R._______

GENERAL:_______

Level of Preservation (LOP): Commercial

Level of Pack (LPK): Commercial

Quantity Unit Pack (QUP): 001.

*** END OF NARRATIVE D0001 ***

INSPECTION AND ACCEPTANCE

E06 Inspection and Acceptance at Source (JUN 2018)

Inspection and acceptance are at source. The place of acceptance is the location where the Government conducts the last inspection before shipment, unless the contractor indicated a different physical location for acceptance below.

The contractor shall indicate the location where supplies will be inspected, if different from the production location:

Commercial and Government Entity (CAGE) code:________________________________

Address:_____________________________________________________________________

Applicable to contract line item numbers(s) (CLIN(s)): 1001, 2001, 3001, 4001, 5001 ____________________________

The contractor shall indicate the location where packaging will be inspected, if different from the production location:

( ) Same as for supplies OR

CAGE code: __________________________________________________________________

Address: ____________________________________________________________________

Applicable to CLIN(s): ______________________________________________________

The contractor shall indicate the location where supplies will be accepted, if different from the inspection location:

Commercial and Government Entity (CAGE) code:________________________________

Address:_____________________________________________________________________

Applicable to contract line item numbers(s) (CLIN(s)):_______________________

RQ009: INSPECTION AND ACCEPTANCE AT ORIGIN

The inspection location for supplies is the awardees CAGE CODE address unless otherwise indicated in the contract/purchase order.

Inspection will be conducted by the Governments Quality Assurance Representative (QAR). Inspection of packaging, if required, may be conducted at the packaging location cited in the award.

SECTION I (All Awards)

a. Objective evidence of conformance with all contract quality assurance requirements must be present at the inspection location. When requested, manufacturer drawings and technical information and complete records of all inspection work performed to verify that the supplies meet technical requirements shall be provided. If required to determine conformity with contract requirements, subcontractor

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records shall also be provided.

b. Objective evidence to establish the location of the actual manufacturing source may also requested to confirm the end product country of origin and/or business size of the manufacturer.

c. If the supplier is not the manufacturer of the supplies, objective evidence must be furnished to establish the supplies were produced by an approved manufacturer o approved source.

d. The QAR is required to notify the Post Award Administrator (PCO), if at time of Government Source Inspection (GSI), the QAR is denied access to the offerors facility. If supplies being provided are described only by manufacturers name/CAGE Code and part number, objective evidence must be furnished to establish that the supplies were manufactured under the direction of or under agreement with the

CAGE Code of the part number offered.

e. The QAR may require additional examinations and tests to determine:

i. Completeness of item

ii. Material is new and unused

iii. Absence of rust

iv. Contamination, or deterioration

v. Correct identification/item marking 824 vi. Correct packaging

vii. Absence of any damage

viii. Compliance with preparation for delivery

(End of TQ Requirement)

*** END OF NARRATIVE E0001 ***

DELIVERIES OR PERFORMANCE

GOVERNMENTS DESIRED DELIVERY

CLIN(s) 1001, 2001, 3001, 4001, 5001 ____________________________

Up to ___10___ EA ____60________ days after receipt of order and _____12______ each every ____30_______ days thereafter until ____ __ _______ __ completion.

OFFERORS PROPOSED DELIVERY

CLIN(s) 1001, 2001, 3001, 4001, 5001 ____________________________

Up to ___________ EA ____________ days after receipt of order and ___________ each every ___________ days thereafter until completion.

*** END OF NARRATIVE F0001 ***

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CONTRACT CLAUSES

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO AUG/2020

SURVEILLANCE SERVICES OR EQUIPMENT

(a) Definitions. As used in this clause--

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network

(e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The Peoples Republic of China.

"Covered telecommunications equipment or services" means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms

Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part

73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the

Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil . For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the

Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil .

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

The following clauses may apply as prescribed. Applicable clause version is the current version at time of award:

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

FAR 52.222-35 Equal Opportunity for Veterans

FAR 52.222-37 Employment Reports on Veterans

FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

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FAR 52.225-13 Restrictions on Certain Foreign Purchases

FAR 52.246-26 Reporting Nonconforming Items

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DFARS 252.209-7004 Subcontracting with Firms that are owned or controlled by the government of a Terrorist country

DFARS 252.225-7000 Buy American Act Balance of Payments Program Certificate-Basic

DFARS 252.225-7001 Buy American Act and Balance of Payments Program

DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

DFARS 252.225-7993 Prohibition on providing funds to the enemy

DFARS 252.225-7974 Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005)

DFARS 252.225-7975 Additional access to Contractor and Subcontractor records

*** END OF NARRATIVE I0001 ***

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LIST OF ATTACHMENTS

List of Number List of Number

Addenda Title Date of Pages Transmitted By Addenda Title Date of Pages Transmitted By________________ ____________________________________________________________ _______________ ____________ _______________________________ ____________________________________________________________ _______________ ____________ _______________

Attachment 0001 TECHNICAL REQUIREMENTS 11-AUG-2020 006 DATA

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REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO AUG/2020

SURVEILLANCE SERVICES OR EQUIPMENT

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications

Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items.

(a) Definitions. As used in this provision--

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov ) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section;

and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2) of this provision.

(End of provision)

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services Representation (DEC 2019)

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause "https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7018", Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ("https://www.sam.gov/") for entities excluded from receiving federal awards for covered defense telecommunications equipment or services.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.f

(End of Text)

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services Representation (Dec 2019)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at

"https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7016", Covered Defense Telecommunications Equipment or

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ServicesRepresentation, that it does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the

"https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7018" clause, Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at

"https://www.sam.gov/" for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at "https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7016", Covered Defense Telecommunications

Equipment or ServicesRepresentation, that it does provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it will provide covered defense telecommunications equipment or services, the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer;

product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Text)

*** END OF NARRATIVE K0001 ***

EVALUATION FACTORS FOR AWARD

The price evaluation as described in section A will be conducted as follows:

1. Each quantity range receives a weighting as assigned weighting:

5-10 Each - 40%

11-20 Each - 40%

21-30 Each - 20%

2. Each proposed unit price will be multiplied by its corresponding weighting. This is the weighted CLIN unit price.

3. The weighted CLIN unit prices will be summed. This is the weighted unit price.

4. The weighted unit price will be summed with any other proposed costs to obtain the price evaluation factor.

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*** END OF NARRATIVE M0001 ***

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SUPPLEMENTAL INFORMATION
SUPPLIES OR SERVICES AND PRICES/COSTS
PACKAGING AND MARKING
CONTRACT CLAUSES
LIST OF ATTACHMENTS
REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

File details come from the government source that posted it. Updated .